News & Analysis as of


NYC Secure Gives New Yorkers Tool to Protect Their Smartphones

On the heels of the ransomware that had the City of Atlanta scrambling last week, Mayor Bill de Blasio announced the launch of “NYC Secure,” a free mobile app that will alert New York City residents of suspicious activity...more

Time to Put Down that Smartphone? – Proposed Bill Would Give NYC Employees a Right to Disconnect from Work

Given the ever-increasing reliance on digital technology, employees are more and more tethered to their smartphones – checking email during their commute, at the dinner table, and even from their beds – essentially creating a...more

D.C. Circuit Rolls Back the FCC’s Expansive Order Targeting Telephone Marketing

by Ropes & Gray LLP on

On March 16, 2018, the D.C. Circuit handed down a unanimous decision rejecting two core components of a 2015 Declaratory Ruling and Order (the “FCC Order”) issued by the Federal Communications Commission (the “FCC”) that...more

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision

by White and Williams LLP on

On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more

Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends

by CloudNine on

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints. A couple of days ago Sharon Nelson (on her excellent Ride the Lightning blog) covered a Forbes article that discussed...more

Frequently asked questions about the DC Circuit’s ACA International decision

Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International. TCPA R.I.P.? - No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more

Patent Damages: How Many Essential Features in a Smart Phone?

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released. Ericsson...more

Back to the Statute: D.C. Circuit Levels the TCPA Playing Field

by Jones Day on

In a much-anticipated decision, the U.S. Court of Appeals for the District of Columbia Circuit has set aside the Federal Communications Commission's 2015 Declaratory Ruling, which broadly interpreted the Telephone Consumer...more

D.C. Circuit Reins in FCC’s Overbroad TCPA Interpretations

by Murtha Cullina on

On March 16, a year and a half after hearing oral argument, the D.C. Circuit Court of Appeals issued a long-awaited decision overturning two of the Federal Communications Commission’s (FCC) far-reaching interpretations of the...more

To Text or Not to Text? That Is the Question

Let’s face it: The residential phone line is on the verge of suffering the same fate as the 8-track tape. Anyone who doesn’t know what an 8-track tape is most assuredly uses a cell phone—and only a cell phone—to communicate....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Embattled credit reporting company Equifax has chosen private equity exec Mark Begor as its new CEO. Begor will replace interim CEO Paulino do Rego Barros, who has been in the role since former CEO Richard Smith resigned...more

D.C. Circuit Rejects FCC’s TCPA Interpretation

by Bryan Cave on

On March 16, 2018, the D.C. Circuit issued its long-awaited opinion on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) interpreting various sections of the Telephone Consumer Collection Practices Act (“TCPA”). Of...more

Federal Communications Commission Order On Telephone Calls Went Too Far, D.C. Circuit Court Rules

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the District of Columbia has issued a highly anticipated ruling reviewing the Federal Communications Commission’s July 2015 Declaratory Ruling and Order interpreting the Telephone Consumer...more

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

by McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

by Vedder Price on

Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry

The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition...more

Expansiveness of TCPA Limited by ACA’s Win in FCC Lawsuit

by McCarter & English, LLP on

On March 16, 2018, the United States Court of Appeals, in a 3-0 decision, sided with ACC International in its challenge to the Federal Communications Commission’s (“FCC’s”) July 10, 2015, Omnibus Order (“Order”), through...more

Call connected: DC Circuit finally weighs in, rejects significant parts of the Federal Communications Commission’s 2015 TCPA order

In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more

D.C. Circuit Rolls Back FCC’s 2015 TCPA Rules

by Seyfarth Shaw LLP on

On March 16, 2018, the D.C Circuit issued a decision invalidating portions of the FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order....more

Autodialers, Reassigned Numbers and Revocation – The Impact of ACA on TCPA Compliance and Litigation

by Reed Smith on

On Friday, March 16, 2018, the United States Court of Appeals for the District of Columbia issued its long-awaited ruling in ACA International et al. v. FCC. The petition before the court challenged aspects of the Telephone...more

D.C. Circuit Holds that FCC’s Interpretation of the Term “Capacity” is Invalid Because It Makes Nearly Every American a...

by Dorsey & Whitney LLP on

The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535...more

Privacy Tip #131 – Bryant University Women’s Summit Follow-Up

I was so honored to be a presenter at the Bryant Women’s Summit last week. It is always an incredible event and I enjoy attending every year. ...more

Call Me, Maybe? The D.C. Circuit Says Your Smartphone Is Not an Autodialer

The nation breathed a little easier last Friday when the D.C. Circuit ruled that Americans can call or text from their smartphones without violating federal law. That’s because the D.C. Circuit has set aside the Federal...more

D.C. Circuit Rules on FCC’s 2015 TCPA Omnibus Order: A Mixed Bag

by Davis Wright Tremaine LLP on

On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone...more

D.C. Circuit Strikes Down Key Components of FCC’s 2015 Interpretation of the TCPA

by Locke Lord LLP on

In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more

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